IN THE CASE OF:  

		BOARD DATE:  24 February 2015  

		DOCKET NUMBER:  AR20140011057


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision in Docket Number AR20130002844 on 19 December 2013.  Specifically, she requests reinstatement of her expired transportation entitlements – the relocation of her household goods (HHG) based on the Joint Federal Travel Regulation (JFTR).  

2.  The applicant states, in effect, that all extensions were submitted for her permanent change of station (PCS) entitlements, to include an exception to policy request to grant her a final move.  Her ability to relocate or move to her home of record was hindered by ongoing medical evaluations and surgeries that affected her compensation and disability entitlement, and the Department of Veterans Affairs (VA) backlog of cases to evaluate her results.

3.  The applicant provides the following, listed chronologically:

* an undated request for an  exception to policy
* a copy of her retirement orders and an amendment, dated 29 November 2005 and 31 May 2006, respectively 
* a letter from the Fort Bliss Transportation Officer, dated 16 May 2011
* an automated Standard Form (SF) 509 (Medical Record – Progress Notes), signed by a registered nurse and dated 25 October 2012
* a VA decision letter concerning her claim for service-connected compensation, dated 15 October 2013
* an automated SF 509, electronically signed by her podiatrist and dated   30 May 2014
CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130002844 on 19 December 2013.  

2.  The applicant provides a memorandum from her podiatrist and a VA decision letter for service-connected compensation.  It appears this information was not previously considered by the Board; therefore, this new evidence will now be considered.

3.  The applicant enlisted in the Regular Army on 18 November 1987.  She completed her initial entry training and remained on active duty through a series of continuous reenlistments.  On 23 September 1996, she was assigned to Fort Bliss, Texas and on 1 March 2003, she was promoted to the rank/grade of master sergeant (MSG)/E-8.  

4.  On 31 July 2006, she was honorably retired by reason of length of service and was transferred to the Retired List effective 1 August 2006.  She had served 
20 years, 2 months, and 11 days of active service.  Her retirement orders indicate she was authorized up to 1 year to complete selection of a home and complete travel.

5.  On 16 May 2011, she was granted an extension of her transportation entitlements to 31 July 2012.  The approval letter specified that the approval was the 6th and final extension as authorized by the JFTR.

6.  The applicant provides:

	a.  A one-page, undated letter, wherein she requests an exception to policy to her PCS entitlements based on her ongoing treatment at the VA hospital in El Paso, Texas.  In her request, she states she is awaiting a decision on a compensation package that is expected to be completed in 6 months.

	b.  A memorandum from her podiatrist, dated 30 May 2014, which states she was under her podiatrist's care following surgery in 2009, and he states it would be a hardship for her to receive the same treatment if she were to relocate.  

	c.  A decision letter from the VA, dated 15 October 2013, on her service connected compensation claim that was received on 3 April 2012.  This decision letter awarded her service-connected disability compensation for a multitude of conditions and ailments.   

7.  Volume 1 (Uniformed Service Personnel) of the JFTR contains basic statutory regulations concerning official travel and transportation of members of the Uniformed Services.  Paragraphs U5130, U5230, and U5365-F contain the policy and procedures pertaining to the shipment of HHG to a home of selection (HOS) by uniformed service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to an HOS by the member from his or her last permanent duty station (PDS) upon retirement.  They also establish time limitations for the shipment of HHG and state that travel must be completed within 1 year from the active service termination date.

8.  Extension provisions to the 1-year time limit are also provided for deserving cases under the Secretarial Process.  

	a.  This process allows for extensions based on an unexpected event beyond the member's control that prevents movement to an HOS within the specified time limit.  An extension of the time limit may be authorized by the Secretarial Process if it is in the best interest of the service or substantially to the benefit of the member and not costly or otherwise adverse to the service.  

	b.  These extensions are approved for the specific period of time that the member anticipates is needed to complete the move, and if additional time is required, the member may request a further extension.  Paragraph U5012-I of Volume 1 of the JFTR provides the policy on restrictions to time limit extensions and states, in pertinent part, that a written time limit extension that includes an explanation of the circumstances justifying the extension may be approved for a specific additional time period using the Secretarial Process.  

	c.  Extensions under this process will not be authorized if it extends travel and transportation allowances for more than 6 years from the separation/retirement date (emphasis added).  These JFTR provisions and time limitations for the shipment of HHG were also in effect at the time of the applicant’s retirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of her earlier request for reinstatement of her expired transportation entitlements – the relocation of her HHG, was carefully considered.  

2.  The applicant’s contentions and new supporting documents do not support a basis to over-turn the previous Board's decision.  While her medical provider stated it would be a hardship for her to relocate, his provided statement is nearly two years after she was granted a final 6th extension that was valid through      31 July 2012.  
3.  The medical provider's statement coupled with the VA decision letter on service-connected disability compensation does not address the issue that her condition(s) would prohibit her from moving to her home of record.  

4.  The applicant was approved for 6 extensions as authorized and allowed by the JFTR.  She failed to utilize her entitlements before they expired and she provides no medical condition(s) that would have prevented her from utilizing them.   

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130002844, dated 19 December 2013.



      ___________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20130002844



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ABCMR Record of Proceedings (cont)                                         AR20140011057



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